General Terms and Conditions

1 Scope of application

The following terms and conditions apply to all orders placed via our online shop by consumers and entrepreneurs.

The following applies to Germany: According to § 13 BGB (German Civil Code), consumers are any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

For Austria: In the following terms and conditions, "consumer" means "consumer" within the meaning of the Consumer Protection Act (KSchG).

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2 Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Neumühle Zawoh GmbH.

The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

We will accept your offer within two days by

• submitting a declaration of acceptance in a separate e-mail or
• if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").

The relevant alternative for you depends on which of the events listed occurs first.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We save the text of the contract and send you the order data and our General Terms and Conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4 Subject matter of the contract

4.1 Product description

Reference is made to the validity of the respective product description as an integral part of the contract.

4.2 Product images

Without prejudice to your statutory warranty rights, we would like to draw your attention to the following special features. Please contact us if you have any uncertainties:

Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and actual product colours are possible.

In the case of wooden products, natural variations in the grain, structure and colour of the wood are possible.

4.3 Right of use

Any sketches, drafts, preliminary products, etc. created by us for the fulfilment of the order are legally protected. We grant you a simple, non-exclusive right to use them for the purpose of order fulfilment to the contractually agreed extent.

5 Requirements and handling of customer content

5.1 Requirements 

If it is necessary for the fulfilment of the order that you transmit content (e.g. texts, data, files) to us, the existing technical possibilities for this and any applicable requirements are based on the respective product description.

You are solely responsible for the content, including the legality and accuracy of the content you transmit. We do not carry out an editorial check of the content before executing the order.

5.2 Compliance with applicable law

The content and the products to be created from it must always comply with the applicable legal provisions. In particular, they must not infringe any rights or claims of third parties (especially copyrights, trademarks or other industrial property rights) and must not contain or serve any purposes that glorify violence, are discriminatory, racist, xenophobic or otherwise immoral or unconstitutional.

5.3 Indemnification

You shall indemnify us against claims by third parties which they may assert in connection with an infringement of their rights by our contractual use. You shall also assume the necessary costs of legal defence including all court and lawyer's fees in the statutory amount. The indemnification does not apply if you are not responsible for the infringement. In the event of a claim by a third party, you are obliged to provide us immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.

5.4 Reservation of right of withdrawal

We reserve the right to refuse the order or to withdraw from the contract if the content you provide for this purpose violates legal or official prohibitions or morality or if there is reasonable suspicion of this. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content.

6 Installation

The provision of assembly services requires an express agreement.

6.1 Selection of the service provider

We shall provide the service at our discretion either in person or through qualified personnel selected by us. We expressly reserve the right to have services provided by third parties (subcontractors) who work on our behalf. You only have a claim to the selection of a specific person to provide the service if and insofar as this is expressly stated in the applicable service description. If and insofar as third parties are used to provide services, we shall remain fully responsible for the fulfilment of the contractual obligations. Before engaging third parties, we will check their reliability, suitability in terms of professional training, experience and/or ability to provide the contractual services and will oblige them to do so.

6.2 Access to the installation site

The product is delivered to the installation site. You are obliged to grant the persons responsible for installation access to the installation site.

7 Delivery conditions

7.1 Delivery options

We ship the products to the delivery address specified in the order process. You generally have the option of collecting the products from Neumühle Zawoh GmbH, Schlangenbader Straße 52, 65388 Schlangenbad, Germany during the following business hours: Tuesday to Saturday from 10:00 am to 6:00 pm except on public holidays. Please inform us at least two working days before your collection so that we can make the goods available from our warehouse. You can also pay here by EC card and PIN

7.2 Delivery by forwarding agent

Making an appointment
In the case of forwarding deliveries, the forwarding company commissioned by us will contact you to agree a delivery date.

Place of delivery
Delivery of the goods shall be limited to the transport and unloading of the goods to the first public kerb at the agreed delivery address. Delivery does not include delivery to specific premises or the assembly and/or installation of the ordered goods, unless expressly agreed otherwise.

Cooperation of the consignee
Unloading and any necessary subsequent transport of the goods to the agreed place of delivery is carried out jointly by the haulage driver and the recipient. Information on the packaging dimensions can be found in the offers. The following applies to merchants: In deviation from the previous sentence, the recipient is responsible for unloading and any necessary subsequent transport of the goods to the agreed place of delivery.

8. payment

The following payment methods are available in our shop.

Prepayment
If you choose to pay in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the order process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.

Klarna
In co-operation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna") we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found in the respective payment option and in the order process.

Purchase on account via Klarna
The invoice amount is due 30 days after dispatch of the goods and receipt of the invoice. Klarna can offer registered Klarna customers selected according to its own criteria further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account.

Installment purchase via Klarna

You can pay the invoice amount in monthly instalments of at least 1/24 of the total amount. The minimum instalment amount is 6.95 euros.

Klarna can offer registered Klarna customers, selected according to its own criteria, further payment modalities in the customer account (e.g. interest-free instalment plans). However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with Klarna. You can find further information on this in your Klarna account

Klarna credit card
You enter your credit card details during the ordering process. Your card will be debited by Klarna immediately after placing the order. There is no address or credit check.

Klarna direct debit
You issue Klarna with a SEPA direct debit mandate. Klarna will inform you about the date of the account debit (so-called prenotification). The account will be debited after the goods have been dispatched.

Cash payment on collection
You pay the invoice amount in cash on collection.

PAYONE
PAYONE GmbH Lyoner Straße 9 60528 Frankfurt am Main

9. right of withdrawal

You are entitled to the statutory right of cancellation as described in the cancellation policy.

10 Retention of title

The product remains our property until full payment has been made.

For entrepreneurs, the following also applies: We reserve title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We shall release the securities to which we are entitled at your request to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10%.

11. transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or the person or organisation otherwise responsible for carrying out the shipment.

12 Warranty and guarantees

12.1 Liability for defects

The statutory liability for defects shall apply.

12.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop. Customer service: Our customer service is available by telephone from Monday to Saturday from 10 a.m. to 6 p.m. for specialist advice, product enquiries and complaints.

13. Liability 

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health,
• in the event of intentional or grossly negligent breach of duty,
• in the event of guarantee promises, insofar as agreed, or
• insofar as the scope of application of the Product Liability Act is opened up.  

In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

14. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board.

15. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office. Should individual clauses of these GTC be invalid in whole or in part, the remainder of the contract shall remain valid. If individual clauses are invalid, the content of the contract shall be governed by the statutory provisions.